Terms of Service

Last Updated: April 2026

IMPORTANT — PLEASE READ CAREFULLY. These Terms of Service ("Terms") are a binding legal contract between you ("you" or "User") and Habitual Labs LLC, a New Jersey limited liability company ("Habitual Labs," "we," "us," or "our"), the owner and operator of the Elesa mobile application (the "App"). References to "Elesa" in these Terms refer to the App as a product of Habitual Labs LLC.

By downloading, installing, accessing, creating an account for, or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not download, install, or use the App.

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 17) THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.

1. Eligibility

You must be at least 18 years old to use the App. By using the App, you represent and warrant that you are 18 or older and have the legal capacity to enter into these Terms. The App is not directed to, and may not be used by, individuals under the age of 18. If we become aware that a user is under 18, we will terminate the account.

2. Nature of the App — Important Disclaimers

2.1 Not a Medical, Mental Health, or Therapy Service

THE APP IS A COACHING AND COMMUNICATION TOOL. IT IS NOT A MEDICAL DEVICE, HEALTHCARE SERVICE, THERAPY, COUNSELING, PSYCHOTHERAPY, OR MENTAL HEALTH SERVICE. Habitual Labs does not provide medical advice, diagnosis, treatment, therapy, or any form of licensed clinical care. No doctor-patient, therapist-client, counselor-client, or other professional-client relationship is formed by your use of the App.

The App is not a substitute for professional advice from a licensed therapist, psychologist, psychiatrist, physician, social worker, or other qualified healthcare or mental health professional. You should consult qualified professionals for any medical, psychological, or mental health concerns.

The App also does not provide legal, financial, or other professional advice.

2.2 AI-Generated Content

The App uses artificial intelligence ("AI") to generate responses, suggestions, and guidance. You acknowledge and agree that:

• AI-generated content may be inaccurate, incomplete, inappropriate, outdated, or otherwise flawed
• AI does not possess human judgment, empathy, or understanding and may misinterpret your inputs
• AI responses should not be relied upon as authoritative, factual, or professional advice
• You are solely responsible for evaluating and acting (or not acting) on any AI output
• AI output may vary between sessions and is not guaranteed to be consistent

2.3 Not for Emergencies or High-Risk Situations

THE APP IS NOT DESIGNED FOR, AND MUST NOT BE USED IN, EMERGENCIES OR CRISIS SITUATIONS. If you or someone else is experiencing a mental health crisis, thoughts of self-harm or suicide, domestic violence, abuse, or any other emergency, do not use the App. Instead:

• In the United States, call or text 988 (Suicide and Crisis Lifeline) or 911
• Contact the National Domestic Violence Hotline at 1-800-799-7233
• Seek immediate help from a qualified emergency service in your jurisdiction

Habitual Labs does not monitor conversations in real time, does not provide crisis intervention, and cannot contact emergency services on your behalf.

2.4 Not Appropriate for Abusive Relationships

The App is designed for couples engaging in voluntary, mutually respectful communication coaching. It is not appropriate for, and should not be used in, relationships involving domestic violence, coercion, emotional or physical abuse, or any pattern of harm. Coaching tools can be misused by an abusive partner to manipulate, surveil, or further control the other partner. If you believe you are in such a relationship, please discontinue use and seek help from a qualified professional or domestic violence resource.

2.5 User Responsibility

You are solely responsible for:

• Your actions, decisions, relationships, and communications
• How you interpret and apply information from the App
• The consequences of any choices you make based on App content

Use of the App is at your own risk.

3. License Grant

Subject to your compliance with these Terms, Habitual Labs grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the App on a device you own or control, solely for your personal, non-commercial use.

4. Accounts

To use the App, you must create an account. You agree to:

• Provide accurate and complete information during registration
• Keep your account credentials confidential
• Not share your account with any other person
• Notify us promptly at support@elesa.app if you suspect unauthorized access to your account

You are responsible for all activity that occurs under your account.

5. Ownership and Intellectual Property

The App, including all software, content, features, functionality, text, articles, visual designs, trademarks, logos, and other intellectual property (collectively, the "Elesa IP"), is owned by Habitual Labs or its licensors and is protected by copyright, trademark, and other intellectual property laws. The App is licensed, not sold. All rights not expressly granted in these Terms are reserved by Habitual Labs.

You may not use the Elesa IP except as expressly permitted by these Terms.

6. User Content

6.1 Your Content

"User Content" means any messages, text, inputs, or other content you submit through the App, including in Individual Chat, Group Chat (Couples Mode), and Private Mode inputs.

6.2 Ownership and License to Habitual Labs

You retain ownership of your User Content. You grant Habitual Labs a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and use your User Content solely to operate, maintain, improve, and provide the App and its features (including generating AI responses and maintaining conversation continuity within each chat context), and as otherwise described in our Privacy Policy.

6.3 Your Responsibility for User Content

You are solely responsible for your User Content. You represent and warrant that:

• You have the right to submit your User Content
• Your User Content does not violate any law or the rights of any third party (including privacy and defamation rights of any person you mention, such as a partner, ex-partner, family member, or any other individual)
• Your User Content does not contain content involving minors in any sexual, exploitative, or inappropriate context
• You will not submit content that is unlawful, threatening, harassing, defamatory, obscene, hateful, or otherwise objectionable

6.4 Third Parties Referenced in Content

When you discuss other real individuals (including your partner) in the App, you are responsible for ensuring your inputs do not violate their rights. You agree to indemnify Habitual Labs for any claims arising from statements you make about third parties within the App.

6.5 Feedback

If you send us suggestions, ideas, or feedback about the App, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such feedback without obligation or attribution to you.

7. Group Chat, Private Mode, and Individual Chat

7.1 Group Chat (Couples Mode)

In Group Chat, both partners and the AI interact in a shared conversation. Messages sent in Group Chat (other than Private Mode messages) are visible to both partners and are stored as part of that shared conversation.

7.2 Private Mode

Within Group Chat, the Private Mode feature allows a user to send messages that are visible only to the AI and not displayed to the other partner. While the AI is designed not to explicitly reveal or quote Private Mode inputs to the other partner, you acknowledge that:

• AI behavior is probabilistic and not guaranteed
• The AI may incorporate Private Mode context into its responses in ways that could indirectly reveal or imply private information
• You should not submit information via Private Mode that you would not want your partner to potentially infer

Habitual Labs makes no guarantee of absolute confidentiality regarding Private Mode inputs relative to the other partner.

7.3 Individual Chat

Individual Chat is a one-on-one conversation between you and the AI. Individual Chat memory is maintained separately from Group Chat and is not shared with your partner or used as context in Group Chat conversations.

8. Acceptable Use

You agree that you will not:

• Copy, modify, adapt, translate, distribute, sell, lease, sublicense, or create derivative works from any part of the App
• Reverse engineer, decompile, disassemble, or attempt to extract the source code, models, prompts, or underlying algorithms of the App
• Use the App for any unlawful, harmful, fraudulent, or unauthorized purpose
• Circumvent, disable, or interfere with security, authentication, rate-limiting, or access-control features
• Use the App to harass, threaten, stalk, surveil, impersonate, or harm any person
• Use the App to generate, solicit, or process content that is illegal, harmful to minors, or that violates the rights of others
• Use automated means (bots, scrapers, etc.) to access or interact with the App
• Use the App to develop or train competing products or AI models
• Attempt to manipulate, jailbreak, or misuse the AI functionality
• Share your account credentials or allow any other person to use your account
• Use the App in any manner that could damage, disable, overburden, or impair the App or Habitual Labs' infrastructure

9. Subscriptions, Fees, and Billing

9.1 Subscription Plans

The App is offered on a subscription basis. Available plans, pricing, and any free trial terms are presented at the point of purchase within the App.

9.2 Apple App Store Billing

Subscriptions are purchased through the Apple App Store and billed to your Apple ID account. All billing is handled by Apple, subject to Apple's billing terms and your Apple account agreement.

9.3 Auto-Renewal

Unless you cancel at least 24 hours before the end of the current subscription period, your subscription will automatically renew at the then-current price, and your Apple ID will be charged for the next period.

9.4 Cancellation

You may cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period, and you will retain access to paid features until that time. Deleting the App does not cancel your subscription.

9.5 Free Trials

If we offer a free trial, you will not be charged during the trial period. Unless you cancel before the trial ends, your subscription will automatically begin and your Apple ID will be charged at the end of the trial.

9.6 Refunds

Refunds are handled in accordance with Apple's refund policies. Habitual Labs generally does not issue refunds directly. You may request a refund from Apple through your Apple account.

9.7 Price Changes

We may change subscription prices. If we increase the price of your subscription, we will provide notice as required by applicable law and by Apple's guidelines. Continued use of the subscription after a price change constitutes acceptance of the new price.

10. Updates and Changes to the App

We may provide updates, enhancements, patches, or modifications to the App at our discretion. Some updates may be required for continued use. We may also add, modify, or remove features at any time.

11. Third-Party Services

The App integrates with third-party services, including but not limited to AI providers (currently OpenAI), the no-code application platform (Adalo), workflow automation services (Make.com), and the Apple App Store. Your use of such third-party services may be subject to their own terms and policies. Habitual Labs is not responsible for the availability, accuracy, content, reliability, or practices of any third-party service.

12. Privacy

Your use of the App is also subject to our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the App, you acknowledge that you have read and understood our Privacy Policy.

13. Account Suspension and Termination

13.1 Termination by Us

We may suspend, restrict, or terminate your access to the App at any time, with or without notice, including if we believe you have violated these Terms, engaged in harmful or abusive behavior, or if continued provision of the App to you poses legal, safety, or operational risk.

13.2 Termination by You

You may stop using the App at any time. To delete your account, follow the deletion process within the App or contact us at support@elesa.app.

13.3 Effect of Termination

Upon termination, your license to use the App is immediately revoked. Data handling following account termination is described in our Privacy Policy. Sections that by their nature should survive termination (including Sections 2, 5, 6, 8, 14–19) will survive.

14. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HABITUAL LABS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

HABITUAL LABS DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT AI OUTPUTS WILL BE ACCURATE, RELIABLE, APPROPRIATE, OR SUITABLE FOR ANY PURPOSE. HABITUAL LABS DOES NOT WARRANT ANY OUTCOMES RELATED TO YOUR RELATIONSHIP, COMMUNICATION, EMOTIONAL WELLBEING, OR ANY OTHER PERSONAL MATTER.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HABITUAL LABS, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR EMOTIONAL DISTRESS, MENTAL ANGUISH, LOSS OF RELATIONSHIPS, LOSS OF COMPANIONSHIP, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND EVEN IF HABITUAL LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HABITUAL LABS' TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE TOTAL AMOUNT YOU PAID TO HABITUAL LABS FOR USE OF THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above limitations apply to the maximum extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Habitual Labs and its officers, directors, members, managers, employees, agents, licensors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the App; (b) your User Content; (c) your violation of these Terms; (d) your violation of any law or third-party right (including claims by your partner, family members, or other individuals you discuss in the App); or (e) any dispute between you and another user, including your partner.

17. Governing Law, Arbitration, and Class Action Waiver

17.1 Governing Law

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of law principles. This choice of law does not deprive you of the protections of any mandatory consumer protection laws in your place of residence.

17.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in New Jersey or, at your election, in your home state. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

17.3 Class Action and Jury Trial Waiver

YOU AND HABITUAL LABS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU AND HABITUAL LABS ALSO WAIVE ANY RIGHT TO A JURY TRIAL.

17.4 Right to Opt Out of Arbitration

You may opt out of the arbitration and class action waiver in Sections 17.2 and 17.3 by sending written notice to support@elesa.app within 30 days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out.

17.5 Exceptions

Notwithstanding the above, either party may bring an individual action in small claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights.

18. Apple App Store Terms

If you downloaded the App from the Apple App Store, the following additional terms apply:

• These Terms are between you and Habitual Labs only, and not with Apple, Inc. ("Apple")
• Habitual Labs, not Apple, is solely responsible for the App and its content
• Apple has no obligation to provide any maintenance or support for the App
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App
• Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, consumer protection claims, or intellectual property claims
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties

19. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, through the App or by updating the "Last Updated" date). Your continued use of the App after changes take effect constitutes acceptance of the updated Terms.

20. General

20.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Habitual Labs regarding the App and supersede any prior agreements, including any prior End User License Agreement or Terms of Use.

20.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

20.3 No Waiver

Habitual Labs' failure to enforce any provision of these Terms is not a waiver of its right to do so later.

20.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without Habitual Labs' prior written consent. Habitual Labs may freely assign these Terms.

20.5 Force Majeure

Habitual Labs is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control.

20.6 Notices

Notices to Habitual Labs should be sent to support@elesa.app. Notices to you may be sent through the App or to the email associated with your account.

20.7 Relationship of the Parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Habitual Labs.

21. Contact

For questions about these Terms, contact us at:

Habitual Labs LLC Email: support@elesa.app